Opinion
SC: 162982 COA: 350268
12-22-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Thomas Adam HULBERT, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the March 18, 2021 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and we REMAND this case to the Muskegon Circuit Court for an evidentiary hearing regarding whether: (1) the trial court properly considered the defendant's request to remove the defendant's shackles at trial; (2) the physical restraints were visible to any jurors; and (3) the defendant's trial counsel rendered constitutionally ineffective assistance by failing to object to the admission of the entire body camera video, failing to make an effective challenge to a juror who had previously experienced domestic violence, and failing to make a closing argument.
We do not retain jurisdiction.